Allowed

Dr.a.Yogender Swamy v. The State of Telangana and Another

Telangana HC15 Dec 2021CRLP/388/2021

Case brief

AI extract

What is this about?

The High Court of Telangana, in a bail matter, relaxed conditions preventing travel abroad to permit the petitioner to visit Dubai for a 20-day business trip. The court held that no evidence suggested the travel would hamper the ongoing investigation by the Enforcement Directorate.

What did the court decide?

The restriction on travel abroad was relaxed to permit the petitioner to travel to Dubai from 28.04.2022 to 17.05.2022 for business purposes.

Sl.
No.

DATE

ORDER

OFFICE
NOTE

26.04.2022

KS, J

I.A.No. 3 of 2022
This application is filed seeking relaxation of
condition No.3 imposed vide order dated.17.11.2021
in I.A.No.3 of 2021.
On 15.02.2021, while granting bail to the
petitioner this court imposed certain conditions
which were modified from time to time. As far as
condition No.3 is concerned i.e.‘ the petitioner shall
_surrender his passport before the_concerned Court at
the time of execution of bonds and he shall not leave
the territory of India without prior permission of the
Court. If the petitioner ahs no passport or he has
already submitted the same in any case, he shall file
an affidavit to that effect’. The petitioner moved
I.A.No.3 of 2021 seeking relaxation of the said
condition. This court by order dated.17.11.2021,
modified the condition and directed that ‘the court
shall return the passport to the petitioner and the

Sl. No.	DATE	ORDER	OFFICE NOTE
		petitioner is permitted to travel abroad only for a period of 17 days i.e. from 11.12.201 to 27.12.2021 and after his return, he shall not travel abroad without permission of the court and the other conditions imposed by this court remain intact. As condition is modified, condition No.2 that the petitioner shall attend on third Friday of every month was also relaxed for that period. Now, the petitioner came up with this application seeking relaxation of condition Nos.2 and 3 stating that the petitioner is actively involved in Kothari Export business which is a family business and he has to travel Dubai for a period of twenty days i.e. from 28.4.2022 to 17.5.2022. It is stated that his father and brother have established a business in the name and style of ‘Kothari Trading’ which engaged in groundnut farming initially. Subsequently, in 2018 a supplementary partnership deed was executed on 01.10.2018 where Mr.Darshan Shailesh Kumar Kothari and Mr.Shailesh Kanaiyalal Kothari were referred to as working partners. Now as the petitioner is in the process of expanding the family business, he has to travel Dubai for a period of twenty days i.e. from 28.4.2022 to 17.05.2022.

Sl.
No.

DATE

ORDER

OFFICE
NOTE

petitioner is permitted to travel abroad only for a
period of 17 days i.e. from 11.12.201 to 27.12.2021
and after his return, he shall not travel abroad
without permission of the court and the other
conditions imposed by this court remain intact. As
condition is modified, condition No.2 that the
petitioner shall attend on third Friday of every month
was also relaxed for that period.
Now, the petitioner came up with this
application seeking relaxation of condition Nos.2 and
3 stating that the petitioner is actively involved in
Kothari Export business which is a family business
and he has to travel Dubai for a period of twenty
days i.e. from 28.4.2022 to 17.5.2022. It is stated
that his father and brother have established a
business in the name and style of ‘Kothari Trading’
which engaged in groundnut farming initially.
Subsequently, in 2018 a supplementary partnership
deed was executed on 01.10.2018 where Mr.Darshan
Shailesh Kumar Kothari and Mr.Shailesh Kanaiyalal
Kothari were referred to as working partners. Now
as the petitioner is in the process of expanding the
family business, he has to travel Dubai for a period
of twenty days i.e. from 28.4.2022 to 17.05.2022.

Sl. No.	DATE	ORDER	OFFICE NOTE
		Learned Counsel appearing for the respondent – Enforcement Directorate Sri B.Narsimha Sharma, submits that with regard to the crime proceeds, overseas enquiry is going on and if the petitioner is permitted to leave the country, there is every likelihood that he may hamper the investigation process and influence the witnesses, as such, he strenuously opposed this petition. The court by order datd.17.11.2021 has already permitted the petitioner to travel abroad for a perido of two weeks and the petitioner went to Italy. Nothing has been placed on record by the Enforcement Directorate to show that the petitioner has hampered the investigation or influenced the witnesses. Now, from the material placed before this court, it appears that the petitioner’s travel for the business purpose is required. Further the pettiioner has already furnished the details like place of stay, air ticket, etc. Hence, this court deems it fit to appropriate to permit the petitiioner to ravel to Dubai from 28.04.2022 to 17.05.2022.

Sl.
No.

DATE

ORDER

OFFICE
NOTE

Learned Counsel appearing for the respondent –
Enforcement Directorate Sri B.Narsimha Sharma,
submits that with regard to the crime proceeds,
overseas enquiry is going on and if the petitioner is
permitted to leave the country, there is every
likelihood that he may hamper the investigation
process and influence the witnesses, as such, he
strenuously opposed this petition.
The court by order datd.17.11.2021 has already
permitted the petitioner to travel abroad for a perido
of two weeks and the petitioner went to Italy.
Nothing has been placed on record by the
Enforcement Directorate to show that the petitioner
has hampered the investigation or influenced the
witnesses. Now, from the material placed before this
court, it appears that the petitioner’s travel for the
business purpose is required. Further the pettiioner
has already furnished the details like place of stay,
air ticket, etc. Hence, this court deems it fit to
appropriate to permit the petitiioner to ravel to Dubai
from 28.04.2022 to 17.05.2022.

Sl.

DATE

ORDER

OFFICE

No.

NOTE

Condition No.3 is therefore, modified as below:
“The Court shall return the passport to the
petitioner and the petitioner is permitted to travel
Dubai only for a period of twenty days i.e. from
28.04.2022 to 17.05.2022 and after his return, he
shall not travel abroad without permission of the
Court and the other conditions imposed by this Court
intact. Further the petitioner shall not influence the
witnesses and interfere with the investigation
process.
The application is ordered accordingly.

______
KS, J

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Dr.a.Yogender Swamy v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

Dr.a.Yogender Swamy v. The State of Telangana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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